What is the time limit for filing an Opposition?
The third party has to file the trademark opposition within 3 months (extendable by 1 month) from the date of publication of the trademark.
Who can file a Trademark Opposition?
Statutorily, Section 21 of the Trademarks Act, 1999 states that ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. In fact, if two or more persons have the same issues against a trademark, they can be joined together as opponents.
Ordinarily, the following persons file a trademark opposition:
- The owner of an earlier trademark application or registration covering a similar Trademark for similar goods.
- A person who has used the same or a similar trademark prior to the client, but who has not sought registration of the trademark. (Prior User)